WILL: Sewell T. Gates; Pulaski, Oswego co., New York surname: Gates, Cross, Mullin, Lewis, Warner, Burch, Reddy, Heaton, Wood, Willis, Gilbert, Tiffany, Lawton, Whipple submitted by: Natalie Gates Runyan (nsrunyan at hotmail.com) *********************************************************************** Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm http://files.usgwarchives.org/ny/oswego/wills/vt/gates-sewellt.txt *********************************************************************** Source: sampubco.com Oswego County NY Will Books Vol T page 245 Written: 26 Dec 1892 Probated: 20 Sep 1894 Transcribed from SAMPUBCO by Natalie Gates Runyan Surrogates' Court Oswego County Codicil to the In the matter of proving the Last Will And Testament of Sewell T. Gates, deceased Oswego County Nathan B. Smith and David C. Mahaffy being duly sworn in open court upon their several corporeal oaths, each for himself doth depose and say they are subscribing witnesses toe the Codicil to the last will and testament of Sewell T. Gates late of the village of Pulaski in the county of Oswego and State of New York, deceased. And the deponents do further say that the said Sewell T. Gates deceased, did in the presence of each of these deponents, subscribe his name at the end of the instrument in writing which is here shown to these deponents, and which purports to be a codicil to the last will and testament of the said deceased, and which bears date on the 26th day of December one thousand eight hundred and ninety-two. That the said deceased did, at the time of subscribing his name to the said instrument as aforesaid, declare the same to be a codicil to his last will and testament and these deponents did thereupon subscribe their own respective names at the end of said instrument, as attesting witnesses to the execution thereof, each at the request of said deceased, and in his presence, an din the presence of each other. That the said deceased, at the time of so subscribing his name to said instrument as aforesaid, and publishing said instrument as aforesaid, was upwards of twenty one years of age, and a citizen of the United States; that he appeared to be, and deponents believe he was of sound mind, memory and understanding and not under any restraint, and, as deponents verily believe in all respects competent to devise real estate; that each of these deponents saw the other sign his name to said instrument in the presence of the said deceased. Nathan B. Smith David C. Mahaffy Sworn to before me this 20th day of September 1894 F. David, Surrogate. Surrogates Court Oswego County In the matter of proving the Last Will and Testament Of Sewell T. Gates deceased. Nathan B. Smith and Ward E. Pierce being first duly sworn, in open court, upon their several corporeal oaths, each for himself doth depose and say they are subscribing witnesses toe the last will and testament of Sewell T. Gates late of the village of Pulaski in the county of Oswego and State of New York, deceased. And the deponents do further say that the said Sewell T. Gates deceased, did in the presence of each of these deponents, subscribe his name at the end of the instrument in writing which is here shown to these deponents, and which purports to be a codicil to the last will and testament of the said deceased, and which bears date on the 7th day of January one thousand eight hundred and ninety-two. That the said deceased did, at the time of subscribing his name to the said instrument as aforesaid, declare the same to his last will and testament and these deponents did thereupon subscribe their own respective names at the end of said instrument, as attesting witnesses to the execution thereof, each at the request of said deceased, and in his presence, an din the presence of each other. That the said deceased, at the time of so subscribing his name to said instrument as aforesaid, and publishing said instrument as aforesaid, was upwards of twenty one years of age, and a citizen of the United States; that he appeared to be, and deponents believe he was of sound mind, memory and understanding and not under any restraint, and, as deponents verily believe in all respects competent to devise real estate; that each of these deponents saw the other sign his name to said instrument in the presence of the said deceased. Nathan B. Smith Ward E. Pierce Subscribed and sworn to before me this 10th day of September AD 1894 It appearing upon the proofs duly taken in respect to the Last Will and Testament & codicil Sewell T. Gates late of the village of Pulaski in the County of Oswego and the State of New York, deceased, that the said Will was duly executed, and that the said Sewell T. Gates at the time he executed the same, was in all respects competent to devise real estate, and not under any restraint, the last Will and Testament & Codicil and the proofs and examinations are hereby recorded, signed and certified by me, pursuant to the provision of the Revised Statutes, this 20th day of Sept. AD 1894. F. David, Surrogate In the Matter of Proving the Last Will and Testament & Codicil Of Sewel T. Gates deceased. Be it remembered, That heretofore, to wit, on the 28th day of August in the year of our Lord one thousand eight hundred and ninety four Robert T. Gates and F. H. Cross executors named in the Last Will and Testament of Sewell T. Gates late of the village of Pulaski in the County of Oswego, deceased, appeared in open Court, before the Surrogate of the County of Oswego, and made application to have the said Last Will and Testament & Codicil which relates to both real and personal estate, proved; and on such application, the said Surrogate did ascertain by satisfactory evidence who were the heirs at law and next of kin of said testator, and their respective residences, all being adult and said Surrogate did thereupon issue a citation in due form of law, directed to the heirs at law and next of kin by their respective names, requiring them to appear before said Surrogate at Court House in the city of Oswego in the said County, on the 20th day of Sept. AD 1894 to attend the Probate of said Will & Codicil. And afterwards, to wit, on the 20th day of Sept. AD 1894, satisfactory evidence by affidavit was produced and presented to said Surrogate, of the due service of said citation in the mode prescribed by law; and on that day no one appearing to oppose the Probate of such Will & Codicil such proceedings was thereupon had in said Court afterwards, that the said Surrogate took the proofs of said Will & Codicil hereinafter set forth , upon this 20th day of Sept A.D. 1894, and he thereupon adjudged the said Will & Codicil to be a valid Will & Codicil of real and personal estate, and the proofs thereof be sufficient, which said Last Will and Testament and Codicil and proofs are as follows; that is to say: WILL The last will and testament of Sewell T. Gates of the village of Pulaski, County of Oswego and State of New York. I, Sewell T. Gates, do make ordain publish & declare this to be my last will & testament in manner and form following that is to say First- I give & devise to Willard Gates Cross son of F. H. and Delia Cross of Pulaski my dwelling house & lot with the buildings thereon and the appourtenances thereunto situated at the corner of Salina and Port Ontario Streets in said village and being the same premises where I now reside& have resided for several years on the condition & with the reservation that said F. H & Delia Cross or the survivor of them shall have and enjoy the right & privilege of occupying said house & premises until the said Willard shall attain the full age of 21 years- said premises are particularly described in a deed of conveyance from Elisha Chapman dated Oct. 25th 1871 & recorded in the Clerk's Office of Oswego Co. Nov 18, 1871 in book 134 of deeds at page 379 & in a deed from Sarah Evelyn Hill dated May 14, 1872 & recorded in said Clerk's Office July 21st, 1873 in Liber 140 at page 559 and if the said Willard shall die without issue before he shall arrive at the age of 25 years then I give & devise said premises to his mother Delia Cross. 2d- I give & bequeath to my brother Robert T Gates of Richland five hundred dollars($500) and I hereby direct my executors hereinafter named to pay this legacy from the first moneys rec'd by them and as soon as possible after my decease. 3d- I give and bequeath to my niece Mrs. Angeline D. Muller (sic-Mullin) now of Winfield Kansas five hundred dollars ($500). 4th-I give & bequeath to my nephew Hiram L. Lewis of Chicago five hundred dollars ($500). 5th- I give & bequeath to my niece Mrs. Anna G. Warner widow of Rev. William Warner dec'd & now of Clifton Springs, NY five hundred dollars ($500). 6th-I give & bequeath to my nephew Benjamin Merrill Gates now of the state of Michigan the sum of five hundred dollars ($500). 7th- I give & bequeath to my niece Mary M. Burch wife of Asa Burch of Grand Rapids Michigan the sum of five hundred dollars ($500). 8th I give & bequeath to my niece Betsy Reddy of Waterpost (sic) NY the sum of five hundred dollars ($500) 9th- I give Y bequeath to my nephew Elisha Gates of Mexico NY all promisorry notes obligations demands or accounts which I may hold or have in my possession at my death against him & hereby direct my executors to cancel discharge and surrender to him all said notes and demands which I may have against him. 10th-I give & bequeath to my niece Sarah Heaton wife of Dr. C E Heaton of Baldwinsville NY the sum of five hundred dollars ($500). 11th- I give and bequeath to my niece Julia Wood wife of Daniel Wood of Richland NY the sum of five hundred dollars ($500). 12th- I give & bequeath to Emily Willis wife of Frank Willis of Richland five hundred dollars ($500). 13th-I give & bequeath to my nephew Dr. Robert F. Gates of Brownville NY the sum of five hundred dollars ($500). 14th- I give & bequeath to my nephew Sewell E. Gates of Richland the sum of one thousand dollars ($1000). 15th- I give & bequeath to Edward W. Gilbert now of Wakeeney in the state of Kansas all promissory notes obligations or accounts & demands which I may hold at my death against him & hereby direct my executors to cancel and discharge and surrender to him all such notes or demands which I may have agst (sic) him at my decease. 16th- I give & bequeath to Martha Tiffany wife of Charles Tiffany of Mexico NY one thousand dollars ($1000)-Also six silver tea spoons marked "M.A.R." One rocking chair bought of Capt. Chapman & one good feather bed. 17th.-I give & bequeath to Mrs. Delia Cross wife of F H Cross of Pulaski NY the sum of one thousand ($1000). Also six silver spoons marked "Gates" and five table spoons 3 of said table spoons are marked "M A R" & two of them are marked " O. H" 18th-I give and bequeath to Cora Lawton formerly Cora Tiffany a daughter of Charles and Martha Tiffany the sum of one hundred dollars ($100). 19th- I give and bequeath to Anna Dennison formerly Anna Tiffany a daughter of Charles and Martha Tiffany one hundred dollars ($100). 20th- I give & bequeath to my nephew F. G. Whipple of Albion NY the sum of ($500). 21st-I give & bequeath to Dr. Robert F. Gates one of my executors hereinafter named in trust the sum of one hundred dollars to be left securely entrusted & the interest & dividend thereof to be applied annually in taking care of the Cemetery near So. Richland where my wife is buried & where I may be buried and the said Gates may pay over said sum to the trustees of said Cemetery to whom said money shall revert at his death to be used by said trustees & their survivors for such purposes as aforesaid. 22nd- I give & bequeath all my wearing apparel to my said brother Robert and in the event of his death before my decease I give said apparel to the sons of my said brother severally & equally as nearly as the same can be described by my said executors. 23rd- I give & bequeath to Mrs. Delia Cross and said Willard Gates Cross all my (illegible) household goods, utensils furniture books pictures & ornaments which may be in my (illegible) house at the time of my death & which may not be otherwise disposed of by me in my life time to be divided between them share & share alike equally between themselves & I direct that all said property included in this bequest shall not be inventoried or appraised in any inventory of my estate. 24th- I give & bequeath to said F. H Cross all full possessions which I may own & have on said premises at my death. 25th I hereby authorize & empower my executor hereinafter named or the survivor of them to sell & convey any real estate of which I may (illegible) signed or possessed at public or private sale & in such manner as they shall deem best for the (illegible) of my estate- Also to fulfill & execute all land contracts & give deeds for premises contracted to be sold_ Also to compromise & settle all demands & obligations of any name which may belong to my estate. 26th- In case any of the above named legatees or devises shall die during my life time I hereby direct that their said legacies & devisies shall not lapse or fail but the same shall be given & shall belong to their descendants or lawful heirs. 27th I direct my said executors to first pay from any money which may come into their hands all my just debts & funeral expenses & to erect over my grave a head stone similar to the one now erected over the grave of my deceased wife. 28th I give devise & bequeath all the rest residue & remainder of my estate both real & personal of every name & kind to the said Willard Gates Cross. Likewise I make substitute & appoint my nephew Dr. Robert T Gates and Freeman F Cross to be the executors of this my last will and testament & I hereby revoke all former wills by me made. In witness whereof I have hereunto (illegible) subscribed my name & affixed my seal the 7th day of January in the year of our Lord one thousand eight hundred & ninety two. Sewell T. Gates The foregoing instrument was at the rate thereof subscribed by Sewell T Gates the testator therein named, in the presence of us and each of us. He at the time of making such subscription acknowledged that he executed the same; and declared the said instrument so subscribed by him to be his last will & testament Whereupon at his request & in his presence, & in the presence of each other do here subscribe as witnesses thereto. Nathan B. Smith, residing at Pulaski NY Ward E. Pierce , residing at Pulaski NY CODICIL Whereas I Sewell T Gates of Pulaski NY did on the 7th day of January AD 1892 make & publish my last will & testament & whereas I devise to make certain changes therein I do hereby being of sound mind memory & understanding make publish & declare this instrument to be a codicil to my said last will & testament that is to say- Whereas I did by the 9th clause or division of said will give & bequeath to my nephew Elisha Gates all promissory notes, obligations & demands or accounts which I may have or hold against him at my death I do hereby give & bequeath to my said Nephew Elisha Gates in addition to the bequest of all such promissory notes obligations demands or accounts which I may have or hold against him at the time of my decease the sum of one hundred dollars in money so that my said nephew Elisha or his lawful heirs shall be entitled to recover from my estate the said sum of one hundred dollars and to have all such promissory notes demands obligations & accounts discharged cancelled & surrendered at my decease. Second-Whereas by said will I did give & devise to Willard Gates Cross son of F. H. & Delia Cross the dwelling house & lot with the buildings & appurtenances thereto situated at the corner of Salina & Port Streets in the village of Pulaski and being the premises where I now reside. I do hereby revoke and annul & set aside said divise & do hereby adapt & substitute in place thereof the following divise that is to say I give & divise to Delia Cross wife of FH Cross & to Willard Gates Cross the son of F.H & Delia Cross jointly & severally as tenants in common so that each shall have & own absolutely & be entitled to enjoy an equal undivided one half thereof my dwelling house and the lot with the buildings thereon and the appurtenances thereto belonging situate at the corner of Salina & Port Ontario Streets in said village & being the same premises where I now reside & have resided for several years which premises are particularly described in a deed of conveyance from Elisha Chapman to me dated Oct 25th 1871 & recorded in the clerk's office of Oswego County NY Nov 18th 1871 in Book 134 of deeds at page 379 & also a deed of conveyance from Sarah Evelyn Hill dated May 14th 1872 & recorded in said Clerk's office July 21st 1873 in Book 140 of deeds at page 559. All other parts & provisions of my said will I do hereby ratify redeclare & confirm. In witness whereof I now hereunto subscribe my name this 26th day of Dec AD 1892 and affix my seal. Sewell T. Gates The foregoing instrument was at the date thereof subscribed by the said Sewell T Gates in our presence & in the presence of each of us and he at the same time of making such subscription acknowledged that he executed the same & declared the same to be a codicil to his last will & testament & requested us to sign the same as witnesses & we hereby at his request & in his presence subscribe our names hereto as witnesses thereto. Nathan B. Smith residing at Pulaski NY David C Mahaffy residing at Pulaski NY Additonal comments: He was born in Preston CT lived in Litchfield, Herkimer, NY and died in Pulaski. Son of Joshua Gates and Anna Branch.